Citation

Andrews SJ, Lamb ME, Lyon TD. Law Hum. Behav. 2015; 39(6): 559-570.

Copyright

(Copyright © 2015, American Psychological Association)

DOI

10.1037/lhb0000152

PMID

26237333

Abstract

This study examined the effects of repeated questions (n = 12,169) on 6- to 12-year-olds' testimony in child sexual abuse cases. We examined transcripts of direct- and cross-examinations of 120 children, categorizing how attorneys asked repeated questions in-court and how children responded. Defense attorneys repeated more questions (33.6% of total questions asked) than prosecutors (17.8%) and repeated questions using more suggestive prompts (38% of their repeated questions) than prosecutors (15%). In response, children typically repeated or elaborated on their answers and seldom contradicted themselves. Self-contradictions were most often elicited by suggestive and option-posing prompts posed by either type of attorney. Child age did not affect the numbers of questions repeated, the types of prompts used by attorneys to repeat questions, or how children responded to repetition. Most (61.5%) repeated questions were repeated more than once and, as repetition frequency increased, so did the number of self-contradictions. "Asked-and-answered" objections were rarely raised (n = 45) and were more likely to be overruled than sustained by judges.

FINDINGS suggest that attorneys frequently ask children "risky" repeated questions. Both attorneys and the judiciary need more training in identifying and restricting the unnecessary repetition of questions. (PsycINFO Database Record

Language: en